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HomeMy WebLinkAbout6.j. Approve MDH Sealing Unused Public Water Supply 4ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Meeting: January 20, 2015 AGENDA ITEM: Approve MDH Sealing Unused Public AGENDA SECTION: Water Supply—Well Grant Consent PREPARED BY: Andrew J. Brotzler, PE, Director of P is AGENDA NO. '� Works/City Engineer , ATTACHMENTS: January 5, 2015 MDH Letter; Grant Agreement; Location Map APPROVED BY: RECOMMENDED ACTION: Motion to Approve the Sealing Unused Public Water Supply - Well Grant Agreement and Authorize the Necessary Signatures. ISSUE Staff is seeking City Council approval and execution of the Minnesota Department of Health Grant Agreement 87492. BACKGROUND: Attached for City Council consideration is a Grant Agreement with the Minnesota Department of Health to accept up to $13,860 from the MDH. This grant was applied for on December 1, 2014 to secure funding to seal well 4 which was abandoned, but does not have a MDH sealing record. SUMMARY: Staff recommends that the City Council authorize the execution of the Minnesota Department of Health Grant Agreement. G:\ENGPROJ\ENG 0093-Wellhead Protection Plan\20150120 Approve Grant Authorize Signatures.docx M I N N E S O T A MDH DEPARTMENT oFHEALTH Protecting, maintaining and improving the health of all Minnesotans January 5, 2015 Mr. Andy Brotzler City of Rosemount 2875 145th Street West Rosemount, Minnesota 55068-4997 Subject: Sealing Unused Public Water-Supply Well Grant Dear Mr. Brotzler: On December 1, 2014, the Minnesota Department of Health (MDH) received a Sealing Unused Public Water-Supply Well Grant Application to seal Well Number 4. MDH is pleased to inform you that the city of Rosemount is receiving funding to seal the well. MDH reviewed and scored your application using the predetermined scoring method that was included in MDH's Request for Proposals. MDH took the highest cost estimate provided and deducted the costs that are ineligible under the grant. Based on the score and the highest cost estimate, MDH is providing up to $13,860 for its cost share to seal Well Number 4. Actual payment will be based on the contractor's actual invoice, minus any ineligible costs, and the Well Sealing Invoice submitted to MDH when the well is properly sealed. Enclosed are three copies of the Grant Agreement (agreement) between MDH and the city of Rosemount. Please review the agreement and sign the last page of each agreement. All three copies must be signed and returned to me. A fully executed agreement will be returned to you after MDH signs the agreements. The city of Rosemount determines which contractor to hire to seal Well Number 4. Well sealing activities may begin when the fully executed agreement is returned to you. No work can begin until you receive the fully executed agreement. Any work conducted prior to receiving the fully executed agreement will not be funded. General Information: 651-201-5000 • Toll-free: 888-345-0823 • www.health.state.mn.us An equal opportunity employer Mr. Andy Brotzler City of Rosemount Page 2 January 5, 2015 You will be the State's contact for all future communications and correspondence relating to the agreement. If you have any questions about the agreement, please contact me at 651-201-3651. Sincerely, A).,y,), a. A P,‘..( .-- Nancy Jo A. La Plante, Grant Coordinator Well Management Section P.O. Box 64975 St. Paul, Minnesota 55164-0975 NJL:kad Enclosures M I N N E S 0 T A Standard Grant Template Version 1.4,6/14 MDHGrant Agreement Number g 7(117— DEPARTMEHT0F HEALTH Between the Minnesota Department of Health and the city of Rosemount If you circulate this grant agreement internally,only offices that require access to the tax identification number AND all individuals/offices signing this grant agreement should have access to this document. Minnesota Department of Health Grant Agreement This grant agreement is between the State of Minnesota, acting through its Commissioner of the Department of Health ("State") and the city of Rosemount ("Grantee"). Grantee's address is 2875 145th Street West, Rosemount, Minnesota 55068-4997. Recitals 1. Under Minnesota Statutes 144.0742 and Minnesota Statutes 114D.50 Clean Water Fund, the State is empowered to enter into this grant agreement. 2. The State is in need of providing funding to public water-supply well owners to seal their unused wells. 3. The Grantee represents that it is duly qualified and will perform all the duties described in this agreement to the satisfaction of the State. Pursuant to Minnesota Statutes section 16B.98, subdivision 1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Agreement 1. Term of Agreement 1.1 Effective date January 12, 2015, or the date the State obtains all required signatures under Minnesota Statutes section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work until this contract is fully executed and the State's Authorized Representative has notified the Grantee that work may commence. 1.2 Expiration date June 30, 2016, or until all obligations have been fulfilled to the satisfaction of the State, whichever occurs first. 1.3 Survival of Terms The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10.1 Government Data Practices; 10.2 Data Disclosure; 12. Intellectual Property; 14.1 Publicity; 14.2 Endorsement; and 16. Governing Law, Jurisdiction, and Venue. 2. Grantee's Duties The Grantee, who is not a state employee, shall: A. Hire a well contractor who is licensed by the State to seal Well Number 4 in accordance with Minnesota Rules, part 4725.3850. The well contractor will also complete a Well and Boring Sealing Records; B. Call Patrick Sarafolean at 651-201-3962 (office) or 651-335-7208 (cell) 48 hours before any well sealing activities begin so MDH has the opportunity to inspect the well sealing procedures. C. Contact Nancy La Plante, MDH grant coordinator, as soon as it is known that: • cost of sealing the well will be greater than the Total Obligation as indicated in 4.1(b) below, Page 1 of 8 M ' N N E s o T A Standard Grant Template Version 1.4,6/14 DHGrant Agreement Number DEPARTMENT Of HEALTH Between the Minnesota Department of Health and the city of Rosemount • the well indicated in the grant agreement won't be sealed, • the scope of work will not be completed prior to the grant agreement expiring, or • no well sealing activities will be conducted and the grant agreement needs to be canceled. D. Complete a Public Water-Supply Well Sealing Grant Invoice (invoice) form for Well Number 4. The Grantee may use the invoice form that is attached and incorporated as Exhibit A, or complete the form at www.health.state.mn/divs/eh/cwl/sealing/pwinvoice.pdf; E. Include only the following eligible costs on the MDH Well Sealing Invoice for the well sealing activities: • investigative work by a MDH licensed well contractor to determine location and condition of a well; • mobilization/demobilization; • well reconstruction that is necessary to enable well sealing; • removing debris and pumping equipment from the well; • removing or perforating the well casing; • sealing the well with grout, in accordance with Minnesota Rules, part 4725.3850; • disposal fees associated with the proper disposal of materials associated with sealing the well; and • the time, labor, and materials directly related to sealing the well. F. Do not include the following ineligible costs on the MDH Well Sealing Invoice: • any fees associated with inspections, notifications or permitting; • administrative costs associated with preparing and submitting: • a grant application and all associated documentation, • a MDH Well Sealing Notification and Record, • a MDH Sealing Public Water-Supply Well Grant Invoice, or • any other administrative paperwork; • costs associated with writing any reports; • administrative or oversight costs by a general contractor if the well contractor is subcontracting; • administrative or oversight costs by a consultant • costs associated with re-landscaping or returning the well site back to its original condition; • costs associated with returning to the well site to add more grout in the well due to the grout settling; and • any amount exceeding one half of the actual eligible costs incurred to perform the work. G. Include a copy of the licensed well contractor's itemized invoice. The well contractor's invoice must be detailed (itemized) so it can be matched to the Well Sealing Invoice and thus represents actual costs associated with sealing Well Number 4; H. Ensure the licensed well contractor completes and submits the MDH Well and Boring Sealing Record for Well Number 4; and I. Submit the Well Sealing Invoice and the licensed well contractor's itemized invoice within 30 days of completing the well sealing work to: Nancy La Plante Well Management Section Minnesota Department of Health P.O. Box 64975 St. Paul, Minnesota 55164-0975 nancyjo.laplante@state.mn.us Page 2 of 8 M . 4 N E S O T A Standard Grant Template Version 1.4,6/14 DHGrant Agreement Number DEPARTMENT 0/N EAETN Between the Minnesota Department of Health and the city of Rosemount J. The Grantee shall pay in full any licensed contractor hired for the purpose of completing any work under this grant agreement within 10 days of receiving payment from the State. 3. Time The Grantee must comply with all the time requirements described in this grant agreement. In the performance of this grant agreement, time is of the essence, and failure to meet a deadline may be a basis for a determination by the State's Authorized Representative that the Grantee has not complied with the terms of the grant. The Grantee is required to perform all of the duties recited above within the grant period. The State is not obligated to extend the grant period. 4. Consideration and Payment 4.1 Consideration The State will pay for all services performed by the Grantee under this grant agreement as follows: (a) Compensation. The Grantee will be paid for all eligible costs indicated on the Well Sealing Invoice that is submitted according to Items 2. E and F above, but not to exceed $13,860. MDH will also hold payment until the Well and Boring Sealing Record is received. (b) Total Obligation The total obligation of the State for all compensation and reimbursements to the Grantee under this agreement will not exceed thirteen thousand eight hundred sixty dollars($13,860). (c) Travel Expenses The Grantee will not be reimbursed for travel and subsistence expenses. (d) Budget Modifications. If total eligible costs for sealing the Grantee's well will exceed the State's Total Obligation as indicated in 4.1(b), the Grantee must notify the State's grant coordinator as soon as it's known. Modifications to the Total Obligation may be considered if determined practical and if funding is available. 4.2 Terms of Payment (a) Invoices The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted in a timely fashion and according to the following schedule: Within 30 days of completing the well sealing work. (b) Matching Requirements Grantee certifies that the Grantee has the funds to support their 50 percent cost share. Page 3 of 8 M I N N E S O T A Standard Grant Template Version 1.4,6/14 DHGrant Agreement Number DEPARTMENT OF HEALTH Between the Minnesota Department of Health and the city of Rosemount S. Conditions of Payment All services provided by Grantee pursuant to this agreement must be performed to the satisfaction of the State, as determined in the sole discretion of its Authorized Representative. Further, all services provided by the Grantee must be in accord with all applicable federal, state, and local laws, ordinances, rules and regulations. Requirements of receiving grant funds may include, but are not limited to: financial reconciliations of payments to Grantees, site visits of the Grantee, programmatic monitoring of work performed by the Grantee and program evaluation. The Grantee will not be paid for work that the State deems unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation. 6. Authorized Representatives 6.1 State's Authorized Representative The State's Authorized Representative for purposes of administering this agreement is Nancy La Plante, Grant Coordinator, Minnesota Department of Health, 625 Robert Street North, P.O. Box 64975, St. Paul, Minnesota 55164-0975, 651-201- 3651, nancyjo.laplantegstate.mn.us, or her successor, and has the responsibility to monitor the Grantee's performance and the final authority to accept the services provided under this agreement. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. 6.2 Grantee's Authorized Representative The Grantee's Authorized Representative is Andy Brotzler, Director of Public Works/City Engineer, 2875 145th Street West, Rosemount, Minnesota 55068-4997, 651-322-2025, andy.brotzlera,,ci.rosemount.mn.us, or his successor. The Grantee's Authorized Representative has full authority to represent the Grantee in fulfillment of the terms, conditions, and requirements of this agreement. If the Grantee selects a new Authorized Representative at any time during this agreement, the Grantee must immediately notify the State in writing, via e-mail or letter. 7. Assignment,Amendments, Waiver, and Merger 7.1 Assignment The Grantee shall neither assign nor transfer any rights or obligations under this agreement without the prior written consent of the State. 7.2 Amendments If there are any amendments to this agreement, they must be in writing. Amendments will not be effective until they have been executed and approved by the State and Grantee. 7.3 Waiver If the State fails to enforce any provision of this agreement, that failure does not waive the provision or the State's right to enforce it. 7.4 Merger This agreement contains all the negotiations and agreements between the State and the Grantee. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 8. Liability The Grantee must indemnify and hold harmless the State, its agents, and employees from all claims or causes of action, including attorneys' fees incurred by the State, arising from the performance of this agreement by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this agreement. Page 4 of 8 M I N N E S O T A Standard Grant Template Version 1.4,6/14 DHGrant Agreement Number DEPARTMENT DIH EAETH Between the Minnesota Department of Health and the city of Rosemount Nothing in this clause may be construed as a waiver by the Grantee of any immunities or limitations of liability to which Grantee may be entitled pursuant to Minnesota Statutes Chapter 466, or any other statute or law. 9. State Audits Under Minnesota Statutes section 16B.98, subdivision 8, the Grantee's books, records, documents, and accounting procedures and practices of the Grantee, or any other relevant party or transaction, are subject to examination by the State, the State Auditor, and the Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this grant agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. 10. Government Data Practices and Data Disclosure 10.1 Government Data Practices Pursuant to Minnesota Statutes Chapter 13.05, Subd. 11(a), the Grantee and the State must comply with the Minnesota Government Data Practices Act as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this agreement. The civil remedies of Minnesota Statutes section 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before any data is released. The Grantee's response to the request must comply with the applicable law. 10.2 Data Disclosure Pursuant to Minnesota Statutes section 270C.65, subdivision 3, and all other applicable laws, the Grantee consents to disclosure of its social security number, federal employee tax identification number, and Minnesota tax identification number, all of which have already been provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 11. Ownership of Equipment The State shall have the right to require transfer of all equipment purchased with grant funds (including title) to the State or to an eligible non-State party named by the State. This right will normally be exercised by the State only if the project or program for which the equipment was acquired is transferred from one grantee to another. 12. Ownership of Materials and Intellectual Property Rights 12.1 Ownership of Materials The State shall own all rights, title and interest in all of the materials conceived or created by the Grantee, or its employees or subgrantees, either individually or jointly with others and which arise out of the performance of this grant agreement, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form ("materials"). Page 5 of 8 M I N N E S O T A Standard Grant Template Version I.4,6/14 DHGrant Agreement Number DEPARTMENT or HEALTH Between the Minnesota Department of Health and the city of Rosemount The Grantee hereby assigns to the State all rights, title and interest to the materials. The Grantee shall, upon request of the State, execute all papers and perform all other acts necessary to assist the State to obtain and register copyrights, patents or other forms of protection provided by law for the materials. The materials created under this grant agreement by the Grantee, its employees or subgrantees, individually or jointly with others, shall be considered "works made for hire" as defined by the United States Copyright Act. All of the materials, whether in paper, electronic, or other form, shall be remitted to the State by the Grantee. Its employees and any subgrantees shall not copy, reproduce, allow or cause to have the materials copied, reproduced or used for any purpose other than performance of the Grantee's obligations under this grant agreement without the prior written consent of the State's Authorized Representative. 12.2 Intellectual Property Rights Grantee represents and warrants that materials produced or used under this grant agreement do not and will not infringe upon any intellectual property rights of another including but not limited to patents, copyrights, trade secrets,trade names, and service marks and names. Grantee shall indemnify and defend the State, at Grantee's expense, from any action or claim brought against the State to the extent that it is based on a claim that all or parts of the materials infringe upon the intellectual property rights of another. Grantee shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to, reasonable attorney fees arising out of this grant agreement, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises or in Grantee's or the State's opinion is likely to arise, Grantee shall at the State's discretion either procure for the State the right or license to continue using the materials at issue or replace or modify the allegedly infringing materials. This remedy shall be in addition to and shall not be exclusive of other remedies provided by law. 13. Workers'Compensation The Grantee certifies that it is in compliance with Minnesota Statutes section 176.181, subdivision 2, which pertains to workers' compensation insurance coverage. The Grantee's employees and agents, and any contractor hired by the Grantee to perform the work required by this Grant Agreement and its employees, will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees, and any claims made by any third party as a consequence of any act or omission on the part of these employees, are in no way the State's obligation or responsibility. 14. Publicity and Endorsement 14.1 Publicity Any publicity given to the program, publications, or services provided resulting from this grant agreement, including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee or its employees individually or jointly with others, or any subgrantees shall identify the State as the sponsoring agency and shall not be released without prior written approval by the State's Authorized Representative, unless such release is a specific part of an approved work plan included in this grant agreement. 14.2 Endorsement The Grantee must not claim that the State endorses its products or services. 15. Termination 15.1 Termination by the State or Grantee The State or Grantee may cancel this grant agreement at any time, with or without cause, upon thirty (30) days written notice to the other party. Page 6 of 8 M w x E s o T A Standard Grant Template Version 1.4,6/14 DHGrant Agreement Number DEPARTMENT OF HEALTH Between the Minnesota Department of Health and the city of Rosemount 15.2 Termination for Cause If the Grantee fails to comply with the provisions of this grant agreement, the State may terminate this grant agreement without prejudice to the right of the State to recover any money previously paid. The termination shall be effective five business days after the State mails, by certified mail, return receipt requested, written notice of termination to the Grantee at its last known address. 15.3 Termination for Insufficient Funding The State may immediately terminate this agreement if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the work scope covered in this agreement. Termination must be by written or facsimile notice to the Grantee. The State is not obligated to pay for any work performed after notice and effective date of the termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if this agreement is terminated because of the decision of the Minnesota legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State receiving notice of the same. 16. Governing Law, Jurisdiction, and Venue This grant agreement, and amendments and supplements to it, shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this grant agreement, or for breach thereof, shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. 17. Lobbying Ensure funds are not used for lobbying, which is defined as attempting to influence legislators or other public officials on behalf of or against proposed legislation. Providing education about the importance of policies as a public health strategy is allowed. Education includes providing facts, assessment of data, reports, program descriptions, and information about budget issues and population impacts, but stopping short of making a recommendation on a specific piece of legislation. Education may be provided to legislators, public policy makers, other decision makers, specific stakeholders, and the general community. IN WITNESS WHEREOF, the parties have caused this grant agreement to be duly executed intending to be bound thereby. APPROVED: I. Grantee 2. State Agency The Grantee certifies that the appropriate persons(s)have executed the Grant Agreement approval and certification that State funds have been grant agreement on behalf of the Grantee as required by applicable encumbered as required by Minn.Stat.§§16A.15 and 16C.05. articles,bylaws,resolutions,or ordinances. By: By: (with delegated authority) Title: Title: Date: Date: Page 7 of 8 M N N E s O T Standard Grant Template Version 1.4,6/14 DllGrant Agreement Number DEPARTMENT 01H EAUH Between the Minnesota Department of Health and the city of Rosemount By: Title: Date: Distribution: Agency—Original(fully executed)Grant Agreement Grantee State Authorized Representative Page 8 of 8 M I N N E S O T A Minnesota Department of Health (MDH) Exhibit A lvff3H Well Management Section P.O. Box 64975 St. Paul, Minnesota 55164-0975 DEPARTMENToF HEALTH 651-201-4600 or 800-383-9808 www.health.state.mn.us/divs/eh/wells Public Water-Supply Well Sealing Grant Invoice GRANTEE INFORMATION Minnesota Unique Well Number: Minnesota Well and Boring Sealing Number:* Facility Name: Address: Grant Contact Person: Telephone: Fax: Email: INVOICE INFORMATION Is this the final invoice? ❑ Yes ❑ No What dates does this invoice cover? EXPENDITURE DESCRIPTION (Use an additional page if necessary.) a. Contractor's total cost to seal the well $ Eligible Amounts Ineligible Amounts b. Contractor's itemized costs to seal the well: Investigative $ Mobilization/Demobilization $ Labor $ Equipment $ Materials $ Supplies $ Disposal Fee $ Permit/Notification Fee $ Reports $ Administrative $ General contractor or consulting $ c. Contractor's total eligible costs to seal the well $ d. Well owner's costs(50%of item c's eligible costs and all $ $ ineligible costs) Page 1 of 2 e. MDH match (50%of item c's eligible costs) $ DISCLAIMER AND SIGNATURE I declare that no part of this claim has been previously billed to MDH, and that the total expenditures reflect only charges related to sealing unused public water-supply well Grant Agreement. I also declare the data on this document is correct and all transactions that support this claim were made in accordance with all applicable federal and state statutes and regulations. Authorized Grantee Signature Date FOR MDH USE ONLY Grant Manager Signature Date PO: Approved by: Period of Service: Date sent to F.S.: * If the well doesn't have a Minnesota Unique Well Number,obtain the Minnesota Well and Boring Sealing Number from the licensed well contractor. ehcommon\clean water fund\well sealing grants\public\fy 2015-2016\invoice form.docx 01/04/20158 Page 2 of 2 Lebanon Hills I - Regional Park I - x , JI I 1 � I I ® m ZA H ntington IJ N at -J x • Farquhar - -—I • o Lake a e II Apple on Lakeville I • m a •� t3 L J E W i i I I _ Lakeville Farmington I I I ROSEMOUNT MINNESOTA i vood Park � m�amnn ..'r.' m 15 • • Rosemount ______________________________ee__-- - • Empire Twp • - i Water Supply System City of Rosemount MN Legend DWSMA Water Main O Municipal Wells • Wells N ' A A WSB 1 inch = 3,400 feet 8 -TTM